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Chhattisgarh High Court seeks State reply on anti-conversion law challenge

By CAShorts DeskPublished Sources: The Indian Express; Chhattisgarh Gazette; Constitution of India; Supreme Court judgments; PESA Act.

Chhattisgarh High Court seeks State reply on anti-conversion law challenge
Illustration (AI-generated)

The Chhattisgarh High Court gave the State three weeks to reply to an interim-relief plea challenging its 2026 anti-conversion law and Rules, an October 8 report said. Petitioners argue that the provisions burden conscience, religious freedom, privacy and personal liberty, and seek a stay on public-notice and objection requirements for proposed conversions.

Syllabus: GS2 · Constitution; GS2 · Separation of Powers; Prelims · Polity & Governance

Why it matters

The case concerns the constitutional limits on how a State regulates religious conversion. The Gazette’s stated aim is to regulate and prohibit unlawful conversion; petitioners say the procedures also burden willing converts and peaceful worship. Public notices, objections and registration create a direct issue of privacy and freedom of conscience. The reported challenge to Gram Sabha scrutiny brings individual liberty and governance in Scheduled Areas into the discussion. These are live constitutional questions for analysis: the report does not establish the allegations or announce a final ruling.

Prelims pointers

  • Article 25: freedom of conscience and the right to profess, practise and propagate religion, available to all persons, citizens or not.
  • Article 25 rights are subject to public order, morality, health and the other provisions of Part III.
  • Article 26 protects every religious denomination or section thereof in managing its own affairs in matters of religion, subject to public order, morality and health.
  • Rev. Stainislaus v. State of Madhya Pradesh (1977): propagation does not include a fundamental right to convert another person.
  • K.S. Puttaswamy v. Union of India (2017): privacy is a fundamental right under Article 21 and Part III.
  • Article 226 empowers High Courts to issue writs to enforce fundamental rights and other legal rights.
  • Article 200 addresses the Governor’s assent, withholding of assent and reservation of State Bills for the President. Its return-for-reconsideration proviso applies only if the Bill is not a Money Bill.
  • The Fifth Schedule governs the administration of Scheduled Areas under Article 244(1). PESA 1996 extends Part IX to these areas with exceptions and modifications, including specified Gram Sabha functions.

Practise a UPSC-style question

With reference to the Constitution of India, consider the following statements:

1. The right of a religious denomination to manage its own affairs in matters of religion is guaranteed by Article 28.

2. The freedom of conscience under Article 25 is available to all persons, including foreigners.

Which of the statements given above is/are correct?

  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2
Show the answer

Answer: (b) 2 only

1 is incorrect: a denomination's freedom to manage its religious affairs is guaranteed by Article 26; Article 28 deals with religious instruction in educational institutions. 2 is correct: Article 25 is worded for all persons, so it protects non-citizens too.

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